(a) Eligibility.
         A unit is eligible for allowance allocations under this section if it meets the following requirements:
     
    
        
        (1) 
         It is an existing unit that is a utility unit;
     
    
        
        (2) 
         It serves a generator with nameplate capacity equal to or greater than 75 MWe;
     
    
        
        (3) 
         Its 1985 actual SO2 emissions rate was equal to or greater than 1.2 lb/mmBtu;
     
    
        
        (4) 
         Its 1990 actual SO2 emissions rate is at least 50 percent less than the lesser of its 1980 actual or allowable SO2 emissions rate;
     
    
        
        (5) 
         Its actual SO2 emission rate is less than 1.2 lb/mmBtu in any one calendar year from 1996 through 1999, as reported under  part 75 of this chapter ;
     
    
        
        (6) 
         It commenced commercial operation after January 1, 1970;
     
    
        
        (7) 
         It is part of a utility system whose combined commercial and industrial kilowatt-hour sales increased more than 20 percent between calendar years 1980 and 1990; and
     
    
        
        (8) 
         It is part of a utility system whose company-wide fossil-fuel SO2 emissions rate declined 40 percent or more from 1980 to 1988.
     
    
    
        
            Code of Federal Regulations
        
        [58 FR 15710, Mar. 23, 1993, as amended at 63 FR 51765, Sept. 28, 1998]